Single judge allowed criminal miscellaneous application to set aside order of cognizance, holding the complaint case to be malicious in nature instituted to harass public servants with trumped up charges.
Order of cognizance dated 1.2.2013 in Complaint case No.580C of 2012 was set aside and further proceedings stayed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2909 of 2014
Arising Out of PS.Case No. -580 Year- 2012 Thana -BEGUSARAI COMPLAINT CSAE DistrictBEGUSARAI ====================================================== 1. Kumari Sudha w/o Prashant Singh Ladies Extention Officer, Teghra Block, P.O. & P.S.- Teghra, Distt.- Begusarai. At Present Block Development Officer, Sadar Block, Siwan, Distt.- Siwan 2. Md. Naushad Alam @ Md. Shahzada Naushad Azmi S/O Late Md. Tahir Resident of Village- Kolhuara, P.O. & P.S.- Teghra, Distt.- Begusarai .... .... Petitioner/s Versus 1. The State Of Bihar 2. Kailash Sah S/O Raghuvir Sah Resident Of Village- Daniyalpur, Gaura3, P.S.- Teghra, Distt.- Begusarai .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Md. Fahimuddin, Advocate For the State : Mr. Parmeshwar Mehta, APP For Opposite Party No.2 : Mr. Pritish Kr. Lal, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER
10 05-12-2014 Supplementary Affidavit filed today on behalf of the Petitioners be kept on the record.
The Petitioners seek quashing of the order of cognizance dated 1.2.2013 passed by the court of Sri Dev Priya Kumar, Judicial Magistrate, 1st class, Begusarai in Complaint case No.580C of 2012.
The case of the Complainant, who is the Secretary of Chaman Some Sahayta Samooh, Gram Panchayat Raj, Gaura, P.S. Teghra, District Begusarai, is that in the year 2008 the Petitioner No.1 had assured him that a loan of Rs.4,50,000/- could be
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provided to him, for which he was required to give her Rs.50,000/Petitioner No.2 also supported the stand of the Petitioner No.1 for which reason he paid her Rs.40,000/- in instalments. However, when he went to the Uco Bank, Daniyalpur Branch, he was refused the loan. He then filed Complaint case No.402C of 2012 and when the accused persons learnt about it they snatched his documents and threatened him.
It has been submitted on behalf of the Petitioners that it is evident that the present Complaint has been lodged only as a sequel of the earlier Complaint which was subsequently dismissed on 16.11.2013 for want of valid documents. It is only to harass public servants that the present Complaint has been instituted with trumped up charges. Moreover the entire allegations being oral in nature are not trustworthy in the background facts.
On the other hand, Counsel for the Complainant submits that repeatedly the accused persons had been harassing him and hence they should be prosecuted.
Having considered the facts of the Complaint petition, I would be inclined to hold that the same is malicious in nature and deserves to be set aside. Hence, the application is allowed and the further proceeding including the order of cognizance dated 1.2.2013 passed by the court of Sri Dev Priya Kumar, Judicial
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Magistrate, 1st class, Begusarai in Complaint case No.580C of 2012 is hereby set aside.
(Anjana Prakash, J)
Narendra/-
U T
1 issue framed by the court
Whether the order of cognizance passed in the complaint case should be quashed due to the malicious nature of the alleged criminal proceedings.
Kumari Sudha
Md. Naushad Alam
The State Of Bihar
Kailash Sah
Anjana Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
